APHC010755412015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1403/2015 Between: 1. MATHA CHINTHAIAH, KRISHNA DT.,, S/O MATHA POLEESU, AGED ABOUT 30 YEARS, OCC: DRIVER, R/O KAPULA RAMALAYAM TEMPLE, KALAVAGATTU, VUYYURU TOWN, KRISHNA DISTRICT. ...PETITIONER AND 1. STATE OF AP REP PP, Rep.by its Public Prosecutor High Court, Hyderabad. ...RESPONDENT Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to present this Memorandum of Criminal Revision Case before this Hon'ble High Court against the judgment made in Crl.A.No.111 of 2013 on the file of the Court of the VI Additional District and Sessions Judge, Markapur, dated 10.07.2015 confirmed the judgment in C.C.No.441/2009 on the file of Additional Judicial First Class Magistrate, Markapur dt.06/05/2013 imposing the punishment of sentenced to undergo rigorous imprisonment for a period of one year and to a fine of Rs. 200/- (Rupees Two Hundred only) for the offence U/section 338 IPC in default of payment of fine, he shall undergo simple imprisonment one week and he also sentenced to undergo rigorous imprisonment for a period of one year and fine of Rs. 200/- (Two hundred only) the offence U/section 304(A) IPC and-in default of -2- CRL.R.C. No.1403 of 2015 payment of fine, he shall undergo simple Imprisonment for one week and the both sentences shall run concurrently and the judgments were challenged. IA NO: 1 OF 2015(CRLRCMP 2191 OF 2015) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the certified copies in C.C.No.441/2009 Date. 06.05.2013. IA NO: 2 OF 2015(CRLRCMP 2216 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the judgment made in Crl.A.No.111 of 2013 on the file of the VI Additional District and Sessions Judge, Markapur dt.10.07.2015 as confirmed in the Judgment made in CC.No.441 of 2009 on the file of Additional Judicial First Class Magistrate, Markapur dt.06.05.2013 and enlarge the petitioner on bail, pending disposal of the above Crl.RC. Counsel for the Petitioner: 1. G V L MURHTY Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: -3- CRL.R.C. No.1403 of 2015 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1403 OF 2015 ORDER: 1. Inspite of the matter is being listed under the caption ‘for dismissal’, none appears on behalf of the petitioner. 2. Instant criminal revision case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, has been filed against the judgment dated 10.07.2015, passed by the VI Additional Sessions Judge, Markapur, in Crl.A.No.111 of 2013, whereby the learned Sessions Judge confirmed the judgment dt.06.05.2013 passed by the Additional Judicial First Class Magistrate, Markapur, in C.C. No.441 of 2009 for the offence under Sections 338 and 304(A) IPC and convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.200/- for the offence under section 338 of I.P.C. in default to undergo simple imprisonment for one week and also sentenced to undergo rigorous imprisonment for a period of one year and fine of Rs.200/- for the offence under section 304(A) of I.P.C. and in default of payment of fine, he shall undergo simple imprisonment for one week. 3. I have perused the order passed by the learned trial court. 4. On careful observation of the findings, it appears that learned trial court has convicted and sentenced the petitioners to -4- CRL.R.C. No.1403 of 2015 undergo rigorous imprisonment for one year and to pay fine of Rs.200/- for the offence under section 338 of I.P.C. in default to undergo simple imprisonment for one week and also sentenced to undergo rigorous imprisonment for a period of one year and fine of Rs.200/- for the offence under section 304(A) of I.P.C. and in default of payment of fine, he shall undergo simple imprisonment for one week by fixing several points for determination. The order of conviction and sentence has also mentioned the evidentiary value of the witnesses in detail and the documents placed by the parties has also been scanned. 5. On a careful perusal of the observation of the learned trail court, it appears that the trial court has specifically decided the grounds of the revision case as mentioned by the petitioner, he has also decided on the point for determination. I find no illegality and impropriety in the order itself. 6. Considering the same, I find no justification to interfere with the order of conviction and sentence passed by the learned trial court. 7. Under the above observation, the instant criminal revision case is dismissed as devoid of merit. The order of suspension of sentence passed by this Court during pendency of the instant criminal revision case is hereby revoked. Since the petitioner is -5- CRL.R.C. No.1403 of 2015 not present before this Court, let a copy of this order be served upon the learned trial court for ready reference. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________ SUBHENDU SAMANTA, J Date: 30.04.2026 BV